Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Hindu Adoption and Maintenance Act, 1956

Friday, January 14, 2011
Hindu Adoption and Maintenance Act, 1956

Hindu Adoptions and Maintenance Act, 1956 — Section 7, Proviso and Section 8 — Constitution of India, 1950, Articles 14 and 15 — By incorporating the requirement of wife’s consent in the proviso to Section 7 and by conferring independent right upon a female Hindu to adopt a child, Parliament has tried to achieve one of the facets of the goal of equality enshrined in the Preamble and reflected in Article 14 read with Article 15 of the Constitution.

 
Hindu Adoption and Maintenance Act, 1956

Hindu Adoptions and Maintenance Act, 1956 — Section 7, Proviso — The wife’s silence or lack of protest on her part also cannot give rise to an inference that she had consented to the adoption.

 
Hindu Adoption and Maintenance Act, 1956

Hindu Adoptions and Maintenance Act, 1956 — Section 7, Proviso — Consent of wife — The Court cannot presume the consent of wife simply because she was present at the time of adoption.

 
Hindu Adoption and Maintenance Act, 1956

Hindu Adoptions and Maintenance Act, 1956 — Section 7, Proviso — Consent of wife envisaged in the proviso to Section 7 should either be in writing or reflected by an affirmative/positive act voluntarily and willingly done by her.

 
Saturday, February 02, 2008
Hindu Adoption and Maintenance Act, 1956

Hindu Adoption and Maintenance Act, 1956 — Section 8(c) — Husband and wife staying separately for a very long period — Wife living a life like a divorced woman — Whether such a wife has capacity to take a son or daughter in adoption? — Held, no — There is conceptual and contextual difference between a divorced woman and one who is leading life like a divorced woman — Both cannot be equated.   

 
Hindu Adoption and Maintenance Act, 1956

Hindu Adoption and Maintenance Act, 1956 — Sections 8 and 7 — Married woman cannot adopt even with the consent of the husband whereas the husband can adopt with the consent of the wife.

 
Hindu Adoption and Maintenance Act, 1956

Hindu Adoption and Maintenance Act, 1956 — Section 7 proviso — Held, proviso to Section 7 the wife’s consent must be obtained prior to adoption and cannot be subsequent to the act of adoption — The proviso lays down consent as a condition precedent to an adoption which is mandatory and adoption without wife’s consent would be void.

 
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